Moore v. State, 422 So. 2d 1069

PER CURIAM.

Appellant pled nolo contendere to a first degree felony charge of possession of a controlled substance. Subsequent to the adjudication of guilt, the trial court entered a written judgment which, inter alia, ordered appellant to pay a $5,000.00 fine pursuant to section 775.0835, Florida Statutes (1981). This section authorizes the court to order an optional fine, not to exceed $10,000.00, payable to the Crimes Compensation Trust Fund. However, such a fine may be ordered only if the crime pled to, or convicted of, is a felony or misdemeanor which results in the injury or death of another person.

Because appellant entered a plea of nolo contendere to a felony which did not result in the personal injury or death of another person, the court was not authorized under the statute to order such a fine.

Accordingly, we strike the $5,000.00 fine imposed pursuant to section 775.0835. In all other respects, we affirm appellant‘s judgment and sentence.

RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.

Case Details

Case Name: Moore v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 3, 1982

Citations: 422 So. 2d 1069; 82-89

Docket Number: 82-89

Court Abbreviation: Fla. Dist. Ct. App.